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90_HB1481
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Creates the Illinois Procurement Code. Provides for the
purchasing of supplies, services, and construction and, until
1998, the leasing of real property and capital improvements
by the State. Establishes a Procurement Policy Board
appointed by the Governor to promulgate procurement policies
and rules. Provides for a Chief Procurement Officer
appointed by the Board to oversee implementation of its
policies. Grants general procurement and rulemaking authority
to 16 State purchasing officers appointed by State officers
of the executive, legislative, and judicial branches and the
governing boards of State colleges and universities. Permits
delegation of procurement authority under certain
circumstances. Grants procurement authority for professional
or artistic services to individual State entities. Makes
competitive sealed bidding the required method of source
selection, with exceptions for procurements of a small,
emergency, or sole source nature. Provides for procurement
preferences, contract requirements, auditing, prohibitions,
and penalties. Amends the Governmental Joint Purchasing Act
and repeals various Acts and Sections of Acts governing State
purchasing. Effective immediately.
LRB9002279DNsb
LRB9002279DNsb
1 AN ACT to create the Illinois Procurement Code, and to
2 amend and repeal certain named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 1-1. Short title. This Act may be cited as the
8 Illinois Procurement Code.
9 Section 1-5. Public policy. It is the purpose of this
10 Code and is declared to be the policy of the State that the
11 principles of competitive bidding and economical procurement
12 practices shall be applicable to all purchases and contracts
13 by or for any State agency.
14 Section 1-10. Application. This Code applies only to
15 contracts entered into after the effective date of this Code
16 unless the parties agree to its application to a contract
17 entered into before the effective date.
18 Section 1-15. Definitions. For the purposes of this
19 Code, the words set forth in the following Sections of this
20 Article have the meanings set forth in those Sections.
21 Section 1-15.05. Board. "Board" means the Procurement
22 Policy Board.
23 Section 1-15.10. Business. "Business" means any
24 corporation, partnership, individual, sole proprietorship,
25 joint stock company, joint venture, or other private legal
26 entity.
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1 Section 1-15.15. Chief Procurement Officer. "Chief
2 Procurement Officer" means that person designated as such by
3 the Procurement Policy Board.
4 Section 1-15.20. Construction. "Construction" means
5 building, altering, repairing, improving, or demolishing any
6 public structure or building, or making improvements of any
7 kind to public real property. Construction does not include
8 the routine operation, routine repair, or routine maintenance
9 of existing structures, buildings, or real property.
10 Section 1-15.25. Construction agency. "Construction
11 agency" means the Capital Development Board for construction
12 or remodeling of State-owned facilities; the Illinois
13 Department of Transportation for construction or maintenance
14 of roads, highways, bridges, and airports; the Illinois Toll
15 Highway Authority for construction or maintenance of toll
16 highways; and any other State agency entering into
17 construction contracts as authorized by law or by delegation
18 from the Procurement Policy Board.
19 Section 1-15.30. Contract. "Contract" means all types
20 of State agreements, regardless of what they may be called,
21 for the procurement, use, or disposal of supplies, services,
22 professional or artistic services, construction, or real
23 property or capital improvement leases, and including master
24 contracts and contracts for financing through use of
25 installment or lease-purchase arrangements.
26 Section 1-15.35. Cost-reimbursement contract.
27 "Cost-reimbursement contract" means a contract under which a
28 contractor is reimbursed for costs that are allowable and
29 allocable in accordance with the contract terms and the
30 provisions of this Code, and a fee, if any.
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1 Section 1-15.40. Council. "Council" means the
2 Procurement Advisory Council.
3 Section 1-15.45. Invitation for bids. "Invitation for
4 bids" means the process by which a purchasing agency requests
5 information from bidders, including all documents, whether
6 attached or incorporated by reference, used for soliciting
7 bids.
8 Section 1-15.50. Negotiation. "Negotiation" means the
9 process of selecting a contractor other than by competitive
10 sealed bids, multi-step sealed bidding, or competitive sealed
11 proposals, whereby a purchasing agency can establish any and
12 all terms and conditions of a procurement contract by
13 discussion with one or more prospective contractors.
14 Section 1-15.55. Person. "Person" means any business,
15 public or private corporation, partnership, individual,
16 union, committee, club, unincorporated association or other
17 organization or group of individuals, or other legal entity.
18 Section 1-15.60. Professional and artistic services.
19 "Professional and artistic services" means those services
20 provided under contract to a State agency by a person or
21 business, acting as an independent contractor, qualified by
22 education, experience, and technical ability to advise and
23 assist in solving specific management and programmatic
24 problems involving the organization, planning, direction,
25 control, and operation of State agencies.
26 Section 1-15.65. Purchase description. "Purchase
27 description" means the words used in a solicitation to
28 describe the supplies, services, professional or artistic
29 services, construction, or real property or capital
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1 improvements to be procured or leased and includes
2 specifications attached to or made a part of the
3 solicitation.
4 Section 1-15.70. Purchasing agency. "Purchasing agency"
5 means a State agency that is authorized by this Code, by its
6 implementing rules, or by authorized delegation of a State
7 purchasing officer to enter into contracts.
8 Section 1-15.75. Request for proposals. "Request for
9 proposals" means the process by which a purchasing agency
10 requests information from offerors, including all documents,
11 whether attached or incorporated by reference, used for
12 soliciting proposals.
13 Section 1-15.80. Responsible bidder or offeror.
14 "Responsible bidder or offeror" means a person who has the
15 capability in all respects to perform fully the contract
16 requirements and the integrity and reliability that will
17 assure good faith performance.
18 Section 1-15.85. Responsive bidder. "Responsive bidder"
19 means a person who has submitted a bid that conforms in all
20 material respects to the invitation for bids.
21 Section 1-15.90. Services. "Services" means the
22 furnishing of labor, time, or effort by a contractor, not
23 involving the delivery of a specific end product other than
24 reports or supplies that are incidental to the required
25 performance.
26 Section 1-15.95. Specifications. "Specifications" means
27 any description, provision, or requirement pertaining to the
28 physical or functional characteristics or of the nature of a
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1 supply, service, or other item to be procured under a
2 contract. Specifications may include a description of any
3 requirement for inspecting, testing, or preparing a supply,
4 service, professional or artistic service, construction, or
5 other item for delivery.
6 Section 1-15.100. State agency. "State agency" means
7 all officers, boards, commissions, and agencies created by
8 the Constitution, whether in the executive, legislative, or
9 judicial branch, but other than the circuit court; all
10 officers, departments, boards, commissions, agencies,
11 institutions, authorities, universities, bodies politic and
12 corporate of the State; and administrative units or corporate
13 outgrowths of the State government that are created by or in
14 accordance with statute, other than units of local government
15 and their officers, school districts, and boards of election
16 commissioners; and all administrative units and corporate
17 outgrowths of State agencies and as may be created by
18 executive order of the Governor. "State agency" does not
19 include the Illinois Comprehensive Health Insurance Board.
20 Section 1-15.105. State purchasing officer. "State
21 purchasing officer" means a person appointed as provided in
22 Article 10 to exercise the procurement authority created by
23 this Code.
24 Section 1-15.110. Supplies. "Supplies" means all
25 personal property, including but not limited to equipment,
26 materials, printing, and insurance, and the financing of
27 those supplies.
28 Section 1-15.112. Supported employee. "Supported
29 employee" means an individual who has a severe physical or
30 mental disability that seriously limits functional capacities
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1 including, but not limited to, mobility, communications,
2 self-care, self-direction, work tolerance, or work skills and
3 for whom competitive employment has not traditionally
4 occurred or for whom competitive employment has been
5 interrupted or intermittent as a result of a severe
6 disability and who, because of the nature and the severity of
7 that person's disability, needs intensive supported
8 employment services or extended services in order to perform
9 work.
10 Section 1-15.115. Using agency. "Using agency" means a
11 State agency that uses items procured under this Code.
12 ARTICLE 5
13 POLICY ORGANIZATION
14 Section 5-5. Procurement Policy Board.
15 (a) Creation. There is created a Procurement Policy
16 Board.
17 (b) Authority and duties. The Board shall have the
18 authority and responsibility to promulgate rules, consistent
19 with this Code, governing the procurement, management,
20 control, and disposal of supplies, services, professional or
21 artistic services, construction, and real property and
22 capital improvement leases procured by the State. All rules
23 shall be promulgated and published in accordance with the
24 Illinois Administrative Procedure Act. The Board shall
25 consider and decide matters of policy within the provisions
26 of this Code. The Board shall have the power to audit and
27 monitor the implementation of its rules and the requirements
28 of this Code but shall not exercise authority over the award
29 or administration of any particular contract or over any
30 dispute, claim, or litigation pertaining to a particular
31 contract.
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1 (c) Members. The Board shall consist of 5 members
2 appointed by the Governor and confirmed by the Senate. No
3 more than 3 members may be of the same political party. Each
4 member shall have demonstrated sufficient business or
5 professional experience in the area of procurement to perform
6 the functions of the Board.
7 (d) Terms. Of the initial appointees, the Governor
8 shall designate one member to serve a one-year term, 2
9 members to serve 2-year terms, and 2 members to serve 3-year
10 terms. Subsequent terms shall be 4 years. Members may be
11 reappointed for succeeding terms.
12 (e) Reimbursement. Members shall receive no
13 compensation but shall be reimbursed for any expenses
14 reasonably incurred in the performance of their duties.
15 Section 5-10. Chief Procurement Officer.
16 (a) Creation. There is created the Office of the Chief
17 Procurement Officer.
18 (b) Authority and duties. The Chief Procurement Officer
19 shall be responsible for overseeing implementation of the
20 Board's rules and policies and shall be appointed by a
21 majority vote of the Board. The Chief Procurement Officer
22 may be removed at the discretion of the Board.
23 (c) Compensation. The Chief Procurement Officer shall
24 be a full-time position compensated in an amount determined
25 by the Board. A member of the Board may not serve as Chief
26 Procurement Officer.
27 (d) Staff support. Subject to appropriation, the Chief
28 Procurement Officer may have up to 3 staff persons.
29 Section 5-15. Procurement Advisory Council.
30 (a) Creation. There is created the Procurement Advisory
31 Council. The Council shall consist of the Chief Procurement
32 Officer and the 16 State purchasing officers appointed as
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1 provided in Article 10. The Chief Procurement Officer shall
2 act as chair of the Council.
3 (b) Purposes. The Council shall:
4 (1) advise the Board on procurement policies;
5 (2) coordinate purchases of the same item by more
6 than one purchasing agency to obtain volume discounts;
7 (3) recommend specific State purchasing officers or
8 State agencies as responsible for certain categories of
9 purchases; and
10 (4) assist State purchasing officers and State
11 agencies in planning, purchasing, installing, and using
12 certain technology, including telecommunications systems.
13 Section 5-20. Joint Purchasing Program Advisory Council.
14 There is created a Joint Purchasing Program Advisory Council.
15 Members of the Joint Purchasing Program Advisory Council
16 shall be appointed by the Board and shall consist of
17 representatives of local governmental units and
18 representatives of the Procurement Advisory Council. The
19 Joint Purchasing Program Advisory Council shall advise and
20 consult with the Board on the scope and nature of joint
21 governmental purchasing.
22 Section 5-25. Rulemaking authority. A State agency
23 authorized to make procurements under this Code shall have
24 the authority to promulgate rules to carry out that
25 authority. All rules shall be promulgated in accordance with
26 the Illinois Administrative Procedure Act and shall be
27 subject to the approval of the Board.
28 ARTICLE 10
29 PROCUREMENT ORGANIZATION
30 Section 10-5. Exercise of procurement authority. The
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1 State purchasing officers appointed by their respective State
2 officers or State agencies shall exercise the procurement
3 authority created by this Code except as otherwise provided
4 in this Code.
5 Section 10-10. Appointment of State purchasing officers.
6 (a) General appointments. The following State officers
7 shall each appoint a State purchasing officer to exercise
8 within his or her jurisdiction the procurement authority
9 created by this Code:
10 (1) Director of Central Management Services.
11 (2) Attorney General.
12 (3) Comptroller.
13 (4) Secretary of State.
14 (5) Treasurer.
15 (6) Auditor General.
16 (7) Supreme Court.
17 (8) Speaker of the House of Representatives.
18 (9) President of the Senate.
19 (10) Minority leader of the House of
20 Representatives.
21 (11) Minority leader of the Senate.
22 (12) Chair of the Joint Committee on Legislative
23 Support Services.
24 (13) Board of Trustees of the University of
25 Illinois.
26 (14) Board of Trustees of Southern Illinois
27 University.
28 (15) Board of Governors of State Colleges and
29 Universities.
30 (16) Board of Regents of Regency Universities.
31 No new personnel position may be created to fill the
32 position of State purchasing officer.
33 (b) Legislative support services agencies. The State
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1 purchasing officer appointed under subsection (a) by the
2 chair of the Joint Committee on Legislative Support Services
3 shall serve as the State purchasing officer for the
4 legislative support services agencies during the term of the
5 chair.
6 (c) Central Management Services. The State purchasing
7 officer appointed under subsection (a) by the Director of
8 Central Management Services shall serve as the State
9 purchasing officer for all State agencies under the
10 jurisdiction of the Governor or Lieutenant Governor and all
11 State agencies outside the jurisdiction of any other State
12 purchasing officer.
13 Section 10-15. Delegation of authority. A State
14 purchasing officer may delegate procurement powers and duties
15 to any State agency under that officer's jurisdiction as
16 authorized by the Board.
17 ARTICLE 15
18 PROCUREMENT BULLETIN
19 Section 15-5. Publisher. The Board shall designate a
20 State agency responsible for publishing the Illinois
21 Procurement Bulletin.
22 Section 15-10. Contents. The Illinois Procurement
23 Bulletin shall contain notices and other information required
24 by this Code or by rules promulgated under this Code to be
25 published in the Illinois Procurement Bulletin. The rules of
26 the Board promulgated under this Section shall require
27 inclusion in the Bulletin sufficient information to
28 adequately inform the public of the nature of each contract.
29 Each issue shall include a comprehensive index of its
30 contents. A purchasing agency may also choose, as applicable
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1 and in accordance with rules of the Board, to place notices
2 in the official State newspaper or a newspaper circulating in
3 a locality relevant to the specified procurement.
4 Section 15-15. Publication. The Illinois Procurement
5 Bulletin shall be published at least once monthly. It shall
6 be available through subscription for a minimal fee not
7 exceeding publication and distribution costs. The Illinois
8 Procurement Bulletin shall be distributed free to public
9 libraries within Illinois.
10 Section 15-20. Qualified bidders. Subscription to the
11 Illinois Procurement Bulletin shall not be required to
12 qualify as a bidder or offeror under this Code.
13 ARTICLE 20
14 SOURCE SELECTION AND CONTRACT FORMATION
15 Section 20-5. Method of source selection. Unless
16 otherwise authorized by law, all State contracts shall be
17 awarded by competitive sealed bidding, in accordance with
18 Section 20-10, except as provided in Sections 20-15, 20-20,
19 20-25, 20-30, 20-35, 30-15, and 40-20.
20 Section 20-10. Competitive sealed bidding.
21 (a) Conditions for use. All contracts shall be awarded
22 by competitive sealed bidding except as otherwise provided in
23 Section 20-5.
24 (b) Invitation for bids. An invitation for bids shall
25 be issued and shall include a purchase description and the
26 material contractual terms and conditions applicable to the
27 procurement.
28 (c) Public notice. Public notice of the invitation for
29 bids shall be published in the Illinois Procurement Bulletin
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1 at least 28 days before the date set in the invitation for
2 the opening of bids.
3 (d) Bid opening. Bids shall be opened publicly in the
4 presence of one or more witnesses at the time and place
5 designated in the invitation for bids. The name of each
6 bidder, the amount of each bid, and other relevant
7 information as may be specified by rule of the Board shall be
8 recorded. After the award of the contract, each bid and the
9 record of each bid shall be open to public inspection.
10 (e) Bid acceptance and bid evaluation. Bids shall be
11 unconditionally accepted without alteration or correction,
12 except as authorized in this Code. Bids shall be evaluated
13 based on the requirements set forth in the invitation for
14 bids, which may include criteria to determine acceptability
15 such as inspection, testing, quality, workmanship, delivery,
16 and suitability for a particular purpose. Those criteria
17 that will affect the bid price and be considered in
18 evaluation for award, such as discounts, transportation
19 costs, and total or life cycle costs, shall be objectively
20 measurable. The invitation for bids shall set forth the
21 evaluation criteria to be used. Only criteria set forth in
22 the invitation for bids may be used in the bid evaluation.
23 (f) Correction or withdrawal of bids. Correction or
24 withdrawal of inadvertently erroneous bids before or after
25 award, or cancellation of awards of contracts based on bid
26 mistakes, shall be permitted in accordance with rules of the
27 Board. After bid opening, no changes in bid prices or other
28 provisions of bids prejudicial to the interest of the State
29 or fair competition shall be permitted. All decisions to
30 permit the correction or withdrawal of bids based on bid
31 mistakes shall be supported by written determination made by
32 a purchasing agency.
33 (g) Award. The contract shall be awarded with
34 reasonable promptness by written notice to the lowest
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1 responsible and responsive bidder whose bid meets the
2 requirements and criteria set forth in the invitation for
3 bids.
4 (h) Multi-step sealed bidding. When it is considered
5 impracticable to initially prepare a purchase description to
6 support an award based on price, an invitation for bids may
7 be issued requesting the submission of unpriced offers to be
8 followed by an invitation for bids limited to those bidders
9 whose offers have been qualified under the criteria set forth
10 in the first solicitation.
11 Section 20-15. Competitive sealed proposals.
12 (a) Conditions for use. When, under this Code or under
13 rules promulgated by the Board, the purchasing agency
14 determines in writing that the use of competitive sealed
15 bidding is either not practicable or not advantageous to the
16 State, a contract may be entered into by competitive sealed
17 proposals. The Board may provide by rule that it is either
18 not practicable or not advantageous to the State to procure
19 specified types of supplies, services, or construction by
20 competitive sealed bidding.
21 (b) Request for proposals. Proposals shall be solicited
22 through a request for proposals.
23 (c) Public notice. Public notice of the request for
24 proposals shall be published in the Illinois Procurement
25 Bulletin at least 28 days before the date set in the
26 invitation for the opening of proposals.
27 (d) Receipt of proposals. Proposals shall be opened
28 publicly in the presence of one or more witnesses at the time
29 and place designated in the request for proposals, but
30 proposals shall be opened in a manner to avoid disclosure of
31 contents to competing offerors during the process of
32 negotiation. A register of proposals shall be prepared and
33 shall be open for public inspection after contract award.
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1 (e) Evaluation factors. The requests for proposals
2 shall state the relative importance of price and other
3 evaluation factors. Proposals shall be submitted in 2 parts:
4 the first, covering items except price; and the second,
5 covering price. The first part of all proposals shall be
6 evaluated and ranked prior to the opening of the second part
7 of all proposals.
8 (f) Discussion with responsible offerors and revisions
9 of proposals. As provided in the request for proposals and
10 under rules of the Board, discussions may be conducted with
11 responsible offerors who submit proposals determined to be
12 reasonably susceptible of being selected for award for the
13 purpose of clarifying and assuring full understanding of and
14 responsiveness to the solicitation requirements. Those
15 offerors shall be accorded fair and equal treatment with
16 respect to any opportunity for discussion and revision of
17 proposals. Revisions may be permitted after submission and
18 before award for the purpose of obtaining best and final
19 offers. In conducting discussions there shall be no
20 disclosure of any information derived from proposals
21 submitted by competing offerors.
22 (g) Award. Awards shall be made to the responsible
23 offeror whose proposal is determined in writing to be the
24 most advantageous to the State, taking into consideration
25 price and the evaluation factors set forth in the request for
26 proposals. No other factors or criteria shall be used in the
27 evaluation. The contract file shall contain the basis on
28 which the award is made.
29 Section 20-20. Small purchases.
30 (a) Amount. Any individual procurement of supplies or
31 services other than professional or artistic services, not
32 exceeding $10,000 and any procurement of construction not
33 exceeding $25,000 may be made without competitive sealed
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1 bidding. Procurements shall not be artificially divided so
2 as to constitute a small purchase under this Section.
3 (b) Adjustment. Each July 1, the small purchase maximum
4 established in subsection (a) shall be adjusted for inflation
5 as determined by the Consumer Price Index for All Urban
6 Consumers as determined by the United States Department of
7 Labor and rounded to the nearest $100.
8 Section 20-25. Sole source procurements. In accordance
9 with standards set by the Board, contracts may be awarded
10 without use of the specified method of source selection when
11 there is only one economically feasible source for the item.
12 At least 2 weeks before entering into a sole source contract,
13 the purchasing agency shall publish in the Illinois
14 Procurement Bulletin a notice of intent to do so along with a
15 description of the item to be procured and the intended sole
16 source contractor.
17 Section 20-30. Emergency purchases.
18 (a) Conditions for use. In accordance with standards
19 set by the Board, a purchasing agency may make emergency
20 procurements without competitive sealed bidding or prior
21 notice when there exists a threat to public health or public
22 safety, or when immediate expenditure is necessary for
23 repairs to State property in order to protect against further
24 loss of or damage to State property, to prevent or minimize
25 serious disruption in State services, or to ensure the
26 integrity of State records. Emergency procurements shall be
27 made with as much competition as is practicable under the
28 circumstances and as required by the rule of the Board. A
29 written description of the basis for the emergency and
30 reasons for the selection of the particular contractor shall
31 be included in the contract file.
32 (b) Notice. Before the 10th of each month, the
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1 purchasing agency shall publish in the Illinois Procurement
2 Bulletin a copy of each written description and reasons and
3 the total cost of each emergency procurement made during the
4 previous month. When only an estimate of the total cost is
5 known at the time of publication, the estimate shall be
6 identified as an estimate and published. When the actual
7 total cost is determined, it shall also be published in like
8 manner before the 10th day of the next succeeding month.
9 (c) Affidavits. A purchasing agency making a
10 procurement under this Section shall file affidavits with
11 the Board and the Auditor General within 10 days after the
12 procurement setting forth the amount expended, the name of
13 the contractor involved, and the conditions and circumstances
14 requiring the emergency procurement. When only an estimate
15 of the cost is available within 10 days after the
16 procurement, the actual cost shall be reported immediately
17 after it is determined. At the end of each fiscal quarter,
18 the Auditor General shall file with the Legislative Audit
19 Commission and the Governor a complete listing of all
20 emergency procurements reported during that fiscal quarter.
21 The Legislative Audit Commission shall review the emergency
22 procurements so reported and, in its annual reports, advise
23 the General Assembly of procurements that appear to
24 constitute an abuse of this Section.
25 (d) Quick purchases. The Board may promulgate policies
26 extending the circumstances by which a purchasing agency may
27 make purchases under this Section, including but not limited
28 to the procurement of items available at a discount for a
29 limited period of time.
30 Section 20-35. Competitive selection procedures.
31 (a) Conditions for use. The services specified in
32 Article 35 shall be procured in accordance with this Section,
33 except as authorized under Sections 20-25 and 20-30 of this
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1 Article or as authorized by the Board in accordance with the
2 provisions of this Code.
3 (b) Statement of qualifications. Potential contractors
4 may submit statements of qualifications and expressions of
5 interest. The Board may specify a uniform format for
6 statements of qualifications. Persons may amend these
7 statements at any time by filing a new statement.
8 (c) Public announcement and form of request for
9 proposals. Public notice of the need for the procurement
10 shall be given in the form of a request for proposals and
11 published in the Illinois Procurement Bulletin at least 28
12 days before the date set in the request for proposals for the
13 opening of proposals. The request for proposals shall
14 describe the professional or artistic services required, list
15 the type of information and data required of each offeror,
16 and state the relative importance of particular
17 qualifications.
18 (d) Discussions. The purchasing agency may conduct
19 discussions with any offeror who has submitted a proposal to
20 determine the offeror's qualifications for further
21 consideration. Discussions shall not disclose any
22 information derived from proposals submitted by other
23 offerors.
24 (e) Award. Award shall be made to the offeror
25 determined in writing by the purchasing agency to be best
26 qualified based on the evaluation factors set forth in the
27 request for proposals and negotiation of compensation
28 determined to be fair and reasonable. If compensation cannot
29 be agreed upon with the best qualified offeror, then
30 negotiations shall be formally terminated with the selected
31 offeror. If proposals were submitted by one or more other
32 offerors determined to be qualified, negotiations may be
33 conducted with the other offeror or offerors, in the order of
34 their respective qualification ranking. The contract may be
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1 awarded to the offeror then ranked as best qualified if the
2 amount of compensation is determined to be fair and
3 reasonable.
4 Section 20-40. Cancellation of invitations for bids or
5 requests for proposals. An invitation for bids, a request
6 for proposals, or any other solicitation may be cancelled, or
7 any and all bids or proposals may be rejected in whole or in
8 part as may be specified in the solicitation, when it is in
9 the best interests of the State in accordance with rules
10 promulgated by the Board. The reasons for cancellation or
11 rejection shall be made part of the contract file.
12 Section 20-45. Prequalification of suppliers. The Board
13 shall promulgate rules for the development of prequalified
14 supplier lists for appropriate categories of purchases and
15 the periodic updating of those lists.
16 Section 20-50. Specifications. Specifications shall be
17 prepared in accordance with standards promulgated by the
18 Board. Those standards shall include a prohibition against
19 the use of brand-name products except under specified
20 circumstances and a restriction on the use of specifications
21 drafted by a potential bidder. All specifications shall seek
22 to promote overall economy for the purposes intended and
23 encourage competition in satisfying the State's needs and
24 shall not be unduly restrictive.
25 Section 20-55. Types of contracts. Subject to the
26 limitations of this Section and unless otherwise authorized
27 by law, any type of contract that will promote the best
28 interests of the State may be used, except that
29 cost-plus-a-percentage-of-cost contracts are prohibited. A
30 cost-reimbursement contract may be used only when a
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1 determination is made in writing that a cost-reimbursement
2 contract is likely to be less costly to the State than any
3 other type or that it is impracticable to obtain the item
4 required except under that type of contract. The general
5 form of contracts shall be specified by the Comptroller.
6 Section 20-60. Duration of contracts.
7 (a) Maximum duration. A contract may be entered into
8 for any period of time deemed by the Board to be in the best
9 interests of the State but not exceeding 10 years. The
10 length of a lease for real property or capital improvements
11 may be in accordance with the provisions of Section 40-25.
12 (b) Subject to appropriation. All contracts made or
13 entered into shall recite that they are subject to
14 termination and cancellation in any year for which the
15 General Assembly fails to make an appropriation to make
16 payments under the terms of the contract.
17 Section 20-65. Right to audit records.
18 (a) Maintenance of books and records. Every contract
19 and subcontract shall require the contractor or
20 subcontractor, as applicable, to maintain books and records
21 relating to the performance of the contract or subcontract
22 and necessary to support amounts charged to the State under
23 the contract or subcontract. The books and records shall be
24 maintained by the contractor for a period of 3 years from the
25 later of the date of final payment under the contract or
26 completion of the contract and by the subcontractor for a
27 period of 3 years from the later of the date of final payment
28 under the subcontract or completion of the subcontract.
29 However, the 3-year period shall be extended for the duration
30 of any audit in progress at the time of that period's
31 expiration.
32 (b) Audit. Every contract and subcontract shall provide
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1 that all books and records required to be maintained under
2 subsection (a) shall be available for review and audit by the
3 Auditor General and the purchasing agency. Every contract
4 and subcontract shall require the contractor and
5 subcontractor, as applicable, to cooperate fully with any
6 audit.
7 (c) Failure to maintain books and records. Failure to
8 maintain the books and records required by this Section shall
9 establish a presumption in favor of the State for the
10 recovery of any funds paid by the State for which required
11 books and records are not available.
12 Section 20-70. Finality of determinations.
13 Determinations made by a purchasing agency under this Code
14 are final and conclusive unless they are clearly erroneous,
15 arbitrary, capricious, or contrary to law.
16 Section 20-75. Disputes and protests. The Board shall
17 by rule establish procedures to be followed by purchasing
18 agencies in resolving protested solicitations and awards and
19 contract controversies, for debarment or suspension of
20 contractors, and for resolving other procurement-related
21 disputes.
22 Section 20-80. Contract files.
23 (a) Written determinations. All written determinations
24 required under this Article shall be placed in the contract
25 file maintained by the purchasing agency.
26 (b) Filing with Comptroller. Whenever a contract
27 liability, except for:
28 (1) contracts paid from personal services, or
29 (2) contracts between the State and its employees
30 to defer compensation in accordance with Article 24 of
31 the Illinois Pension Code
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1 exceeding $5,000 is incurred by any State agency, a copy of
2 the contract, purchase order, or lease shall be filed with
3 the Comptroller within 15 days thereafter. Any cancellation
4 or modification to any such contract liability shall be filed
5 with the Comptroller within 15 days of its execution.
6 (c) Late filing affidavit. When a contract, purchase
7 order, or lease required to be filed by this Section has not
8 been filed within 30 days of execution, the Comptroller shall
9 refuse to issue a warrant for payment thereunder until the
10 agency files with the Comptroller the contract, purchase
11 order, or lease and an affidavit, signed by the chief
12 executive officer of the agency or his or her designee,
13 setting forth an explanation of why the contract liability
14 was not filed within 30 days of execution. A copy of this
15 affidavit shall be filed with the Auditor General.
16 (d) Professional and artistic services contracts. No
17 voucher shall be submitted to the Comptroller for a warrant
18 to be drawn for the payment of money from the State treasury
19 or from other funds held by the State Treasurer on account of
20 any contract for services involving professional or artistic
21 skills involving an expenditure of more than $5,000 for the
22 same type of service at the same location during any fiscal
23 year unless the contract is reduced to writing before the
24 services are performed and filed with the Comptroller. When
25 a contract for professional or artistic skills in excess of
26 $5,000 was not reduced to writing before the services were
27 performed, the Comptroller shall refuse to issue a warrant
28 for payment for the services until the State agency files
29 with the Comptroller:
30 (1) a written contract covering the services, and
31 (2) an affidavit, signed by the chief executive
32 officer of the State agency or his or her designee,
33 stating that the services for which payment is being made
34 were agreed to before commencement of the services and
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1 setting forth an explanation of why the contract was not
2 reduced to writing before the services commenced.
3 A copy of this affidavit shall be filed with the Auditor
4 General. The Comptroller shall maintain professional or
5 artistic service contracts filed under this Section
6 separately from other filed contracts.
7 (e) Method of source selection. When a contract is
8 filed with the Comptroller under this Section, the
9 Comptroller's file shall identify the method of source
10 selection used in obtaining the contract.
11 ARTICLE 25
12 SUPPLIES AND SERVICES (EXCLUDING
13 PROFESSIONAL OR ARTISTIC)
14 Section 25-5. Applicability. All contracts for supplies
15 and services shall be procured in accordance with the
16 provisions of this Article.
17 Section 25-10. Authority. State purchasing officers
18 shall have the authority to procure supplies and services,
19 except as that authority may be limited by the Board or
20 delegated by the State purchasing officer in accordance with
21 Section 10-15.
22 Section 25-15. Method of source selection.
23 (a) Competitive sealed bidding. Except as provided in
24 subsection (b) and Sections 20-20, 20-25, and 20-30, all
25 State contracts for supplies and services shall be awarded by
26 competitive sealed bidding in accordance with Section 20-10.
27 (b) Other methods. The Board shall establish by rule
28 categories of purchases that may be made without competitive
29 sealed bidding and the most competitive alternate method of
30 source selection that shall be used for each category of
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1 purchase.
2 Section 25-20. Prevailing wage requirements.
3 (a) Applicability. All services furnished under
4 printing contracts and under service contracts exceeding
5 $2,000 or $200 per month shall be performed by employees of
6 the contractor receiving the prevailing wage rate and working
7 under conditions prevalent in the locality in which the work
8 is produced. A contract bidder or offeror, in order to be
9 considered a responsible bidder or offeror for the purposes
10 of this Code, shall certify to the State purchasing officer
11 that wages paid to its employees are no less, and fringe
12 benefits and working conditions of employees are not less
13 favorable, than those prevailing in the locality where the
14 contract is to be performed. Prevailing wages and working
15 conditions shall be determined by the Director of Labor.
16 Whenever a collective bargaining agreement is in effect
17 between an employer, other than a State agency, and service
18 or printing employees as defined in this Section who are
19 represented by a responsible organization that is in no way
20 influenced or controlled by the management, that agreement
21 and its provisions shall be considered as conditions
22 prevalent in that locality and shall be the minimum
23 requirements taken into consideration by the Director of
24 Labor. Collective bargaining agreements between State
25 employees and the State of Illinois shall not be taken into
26 account by the Department of Labor in determining the
27 prevailing wage rate.
28 (b) Services and printing defined. As used in this
29 Section, "services" means janitorial cleaning services,
30 window cleaning services, food services, and security
31 services. "Printing" means all processes and operations
32 involved in printing and any type of photographic
33 reproduction or other duplicating process, including but not
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1 limited to letterpress, offset, and gravure processes, the
2 multilith method, any type of photographic or other
3 duplicating process, and the operations of composition,
4 platemaking, presswork, and binding; and the end products of
5 those processes, methods, and operations. As used in this
6 Section "printing" does not include photocopiers used in the
7 course of normal business activities, photographic equipment
8 used for geographic mapping, printed matter used in the
9 normal day to day operations of the General Assembly, the
10 printing of State Lottery tickets, shares, or other State
11 Lottery game related materials, or preprinted or printed
12 matter that is commonly available to the general public from
13 contractor inventory.
14 (c) Inapplicability. This Section does not apply to
15 services furnished under contracts for professional or
16 artistic services. This Section does not apply to vocational
17 programs of training for persons with physical or mental
18 disabilities.
19 Section 25-25. Printing cost offsets. The Board may
20 promulgate rules permitting the exchange of advertising
21 rights in or receipt of free copies of printed products
22 procured under this Article as a means of reducing printing
23 costs. The Board's rules shall specify the appropriate
24 method of source selection to be used to competitively
25 acquire printing cost offsets.
26 Section 25-30. More favorable terms. A supply or
27 service contract may include, if determined by a State
28 purchasing officer to be in the best interests of the State,
29 a clause requiring that if more favorable terms are granted
30 by the contractor to any similar state or local governmental
31 agency in any state in a contemporaneous agreement let under
32 the same or similar financial terms and circumstances for
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1 comparable supplies or services, the more favorable terms
2 shall be applicable under the contract.
3 Section 25-35. Purchase of coal and postage stamps.
4 (a) Delivery of necessary supplies. To avoid
5 interruption or impediment of delivery of necessary supplies,
6 commodities, and coal, State purchasing officers may make
7 purchases of or contracts for supplies and commodities after
8 April 30 of a fiscal year when delivery of the supplies and
9 commodities is to be made after June 30 of that fiscal year
10 and payment for which is to be made from appropriations for
11 the next fiscal year.
12 (b) Postage. All postage stamps purchased from State
13 funds must be perforated for identification purposes. A
14 General Assembly member may furnish the U.S. Post Office with
15 a warrant so as to allow for the creation or continuation of
16 a bulk rate mailing fund in the name of the General Assembly
17 member or may furnish a postage meter company or post office
18 with a warrant so as to facilitate the purchase of a postage
19 meter and its stamps. Any postage meter so purchased must
20 also contain a stamp that shall state "Official State Mail".
21 Section 25-40. Freight increases. If the Illinois
22 Department of Transportation provides by contract or
23 regulation that general increases in freight rates incurred
24 by a contractor after entering into the contract may be added
25 to the contract price or passed through to the Department,
26 then this remedy shall be available to the contractor whether
27 the increased general freight rates are for railroads, barge
28 lines, or motor carriers of property.
29 Section 25-45. Energy conservation program. State
30 purchasing officers may enter into energy conservation
31 program contracts that provide for utility cost savings. The
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1 Board shall promulgate and adopt rules for the implementation
2 of this Section.
3 Section 25-50. Human services. Every purchasing agency
4 that contracts or provides grants for human services may,
5 upon request of the service provider, review the contract or
6 grant, upon notification by the provider that the cost of the
7 provider's property and casualty insurance has increased by
8 25% or more. The purchasing agency may adjust the existing
9 contract or grant with the service provider in accordance
10 with any agreement reached and subject to the limitations of
11 that agency's appropriated funds. For purposes of this
12 Section the revised contract amount shall not exceed the
13 percentage calculated by dividing the total contract or grant
14 amount by the provider's total budget as agreed to by the
15 purchasing agency.
16 Section 25-55. Annual reports. Every printed annual
17 report produced by a State agency shall bear a statement
18 indicating whether it was printed by the State of Illinois or
19 by contract and indicating the printing cost per copy and the
20 number of copies printed. The Department of Central
21 Management Services shall prepare and submit to the General
22 Assembly on the fourth Wednesday of January in each year a
23 report setting forth with respect to each State agency for
24 the calendar year immediately preceding the calendar year in
25 which the report is filed the total quantity of annual
26 reports printed, the total cost, and the cost per copy and
27 the cost per page of the annual report of the State agency
28 printed during the calendar year covered by the report.
29 Section 25-60. General Assembly printing; session laws.
30 (a) Authority. Public printing for the use of either
31 House of the General Assembly shall be subject to its
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1 control. Any printing or operation of printing that the
2 Legislative Printing Unit is unable to perform may be
3 purchased in accordance with this Article.
4 (b) Time of delivery. Daily calendars, journals, and
5 other similar printing for which manuscript or copy is
6 delivered to the Legislative Printing Unit by the clerical
7 officer of either House shall be printed so as to permit
8 delivery at any reasonable time required by the clerical
9 officer. Any petition, bill, resolution, joint resolution,
10 memorial, and similar manuscript or copy delivered to the
11 Legislative Printing Unit by the clerical officer of either
12 House shall be printed at any reasonable time required by
13 that officer.
14 (c) Style. The manner, form, style, size, and
15 arrangement of type used in printing the bills, resolutions,
16 amendments, conference reports, and journals, including daily
17 journals, of the General Assembly shall be as provided in the
18 Rules of the General Assembly.
19 (d) Daily journal. The Clerk of the House of
20 Representatives and the Secretary of the Senate shall each
21 prepare and deliver to the Legislative Printing Unit,
22 immediately after the close of each daily session, a
23 printer's copy of the daily journal for their respective
24 House.
25 (e) Daily and bound journals.
26 (1) Subscriptions. The Legislative Printing Unit
27 shall have printed the number of copies of the daily
28 journal as may be requested by the clerical officer of
29 each House. The Secretary of the Senate and the Clerk of
30 the House of Representatives shall furnish a copy of each
31 daily journal of their respective House to those persons
32 who apply therefor upon payment of a reasonable
33 subscription fee established separately by the Secretary
34 of the Senate and the Clerk of the House for their
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1 respective House. Each subscriber shall specify at the
2 time he or she subscribes the address where he or she
3 wishes the journals mailed. The daily journals shall be
4 furnished free of charge on a pickup basis to State
5 offices and to the public as long as the supply lasts.
6 The Secretary of the Senate and the Clerk of the House
7 shall determine the number of journals available for
8 pickup at their respective offices.
9 (2) Other copies. After the General Assembly
10 adjourns, the Clerk of the House and the Secretary of the
11 Senate shall prepare and deliver to the Legislative
12 Printing Unit a printer's copy of matter for the regular
13 House and Senate journals, together with any matter, not
14 previously printed in the daily journals, that is
15 required by law, by order of either House, or by joint
16 resolution to be printed in the journals. The
17 Legislative Printing Unit shall have printed the number
18 of copies of the bound journal as may be requested by the
19 clerical officer of each House. A reasonable number of
20 bound volumes of the journal of each House of the General
21 Assembly shall be provided to State and local officers,
22 boards, commissions, institutions, departments, agencies,
23 and libraries requesting them through canvasses conducted
24 separately by the Secretary of the Senate and the Clerk
25 of the House. Reasonable fees established separately by
26 the Secretary of the Senate and the Clerk of the House
27 may be charged for bound volumes of the journal of each
28 House of the General Assembly.
29 (f) Session laws. Immediately after the General Assembly
30 adjourns, the Secretary of State shall prepare a printer's
31 copy for the "Session Laws of Illinois" that shall set forth
32 in full all Acts and joint resolutions passed by the General
33 Assembly at the session just concluded and all executive
34 orders of the Governor taking effect under Article V, Section
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1 11 of the Constitution and the Executive Reorganization
2 Implementation Act. The printer's copy shall be furnished
3 and delivered to the Secretary of State by the Enrolling and
4 Engrossing Department of the 2 Houses. At the time an
5 enrolled law is filed with the Secretary of State, whether
6 before or after the conclusion of the session in which it was
7 passed, it shall be assigned a Public Act number, the first
8 part of which shall be the number of the General Assembly
9 followed by a dash and then a number showing the order in
10 which that law was filed with the Secretary of State. The
11 title page of each volume of the session laws shall contain
12 the following: "Printed by the authority of the General
13 Assembly of the State of Illinois". The laws shall be
14 arranged by the Secretary of State and printed in the
15 chronological order of Public Act numbers. At the end of
16 each Act the dates when the Act was passed by the General
17 Assembly and when the Act was approved by the Governor shall
18 be stated. Any Act becoming law without the approval of the
19 Governor shall be marked at its end in the session laws by
20 the printed certificate of the Secretary of State. Executive
21 orders taking effect under Article V, Section 11 of the
22 Constitution and the Executive Reorganization Implementation
23 Act shall be printed in chronological order of executive
24 order number and shall state at the end of each executive
25 order the date it was transmitted to the General Assembly and
26 the date it takes effect. In the case of an amendatory Act,
27 the changes made by the amendatory Act shall be indicated in
28 the session laws in the following manner: (i) all new matter
29 shall be printed in italics; and (ii) all matter deleted by
30 the amendatory Act shall be shown crossed with a line. The
31 Secretary of State shall prepare and furnish a table of
32 contents and an index to each volume of the session laws.
33 (g) Distribution. The bound volumes of the session laws
34 of the General Assembly shall be made available to the
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1 following:
2 (1) one copy of each to each State officer, board,
3 commission, institution, and department requesting a copy
4 in accordance with a canvass conducted by the Secretary
5 of State before the printing of the session laws except
6 judges of the appellate courts and judges and associate
7 judges of the circuit courts;
8 (2) 10 copies to the law library of the Supreme
9 Court; one copy each to the law libraries of the
10 appellate courts; and one copy to each of the county law
11 libraries or, in those counties without county law
12 libraries, one copy to the clerk of the circuit court;
13 (3) one copy of each to each county clerk;
14 (4) 10 copies of each to the library of the
15 University of Illinois;
16 (5) 3 copies of each to the libraries of the
17 University of Illinois at Chicago, Southern Illinois
18 University at Carbondale, Southern Illinois University at
19 Edwardsville, Northern Illinois University, Western
20 Illinois University, Eastern Illinois University,
21 Illinois State University, Chicago State University,
22 Northeastern Illinois University, Chicago Kent College of
23 Law, DePaul University, John Marshall Law School, Loyola
24 University, Northwestern University, Roosevelt
25 University, and the University of Chicago;
26 (6) a number of copies sufficient for exchange
27 purposes to the Legislative Reference Bureau and the
28 University of Illinois College of Law Library;
29 (7) a number of copies sufficient for public
30 libraries in the State to the State Library; and
31 (8) the remainder shall be retained for
32 distribution as the interests of the State may require to
33 persons making application in writing or in person for
34 the publication.
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1 (h) Messages and reports. The following shall be
2 printed in a quantity not to exceed the maximum stated in
3 this subsection and bound and distributed at public expense:
4 (1) messages to the General Assembly by the
5 Governor, 10,000 copies;
6 (2) the biennial report of the Lieutenant Governor,
7 1,000 copies;
8 (3) the biennial report of the Secretary of State,
9 3,000 copies;
10 (4) the biennial report of the State Comptroller,
11 5,000 copies;
12 (5) the biennial report of the State Treasurer,
13 3,000 copies;
14 (6) the annual report of the State Board of
15 Education, 6,000 copies; and
16 (7) the biennial report and annual opinions of the
17 Attorney General, 5,000 copies.
18 The reports of all other State officers, boards,
19 commissions, institutions, and departments shall be printed,
20 bound, and distributed at public expense in a number of
21 copies determined from previous experience not to exceed the
22 probable and reasonable demands of the State therefor. Any
23 other report required by law to be made to the Governor
24 shall, upon his or her order, be printed in the quantity
25 ordered by the Governor, bound and distributed at public
26 expense.
27 (i) Prohibition. All books, pamphlets, documents, and
28 reports published through or by the State of Illinois or any
29 State agency, board, or commission shall have printed thereon
30 "Printed by authority of the State of Illinois", the date of
31 each publication, the number of copies printed, and the
32 printing order number. Each using agency shall be
33 responsible for ascertaining the compliance of printing
34 materials procured by or for it with this subsection. No
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1 printing or reproduction contract shall be let and no
2 printing or reproduction shall be accomplished when that
3 wording does not appear on the material to be printed or
4 reproduced. No publication may have written, stamped, or
5 printed on it, or attached to it, "Compliments of ........
6 (naming a person)" or any words of similar import.
7 ARTICLE 30
8 CONSTRUCTION AND CONSTRUCTION-
9 RELATED PROFESSIONAL SERVICES
10 Section 30-5. Applicability. Construction and
11 construction-related professional services shall be procured
12 in accordance with this Article.
13 Section 30-10. Authority. Construction agencies shall
14 have the authority to procure construction and
15 construction-related professional services.
16 Section 30-15. Method of source selection.
17 (a) Competitive sealed bidding. Except as provided in
18 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
19 20-30, all State construction contracts shall be awarded by
20 competitive sealed bidding in accordance with Section 20-10.
21 (b) Other methods. The Board shall establish by rule
22 construction purchases that may be made without competitive
23 sealed bidding and the most competitive alternate method of
24 source selection that shall be used.
25 (c) Construction-related professional services. All
26 construction-related professional services contracts shall be
27 awarded in accordance with the provisions of the
28 Architectural, Engineering, and Land Surveying Qualifications
29 Based Selection Act. "Professional services" means those
30 services within the scope of the practice of architecture,
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1 professional engineering, structural engineering, or
2 registered land surveying, as defined by the laws of this
3 State.
4 (d) Correctional facilities. Remodeling and
5 rehabilitation projects at correctional facilities under
6 $25,000 funded from the General Revenue Fund are exempt from
7 the provisions of this Article. The Department of
8 Corrections may use inmate labor for the remodeling or
9 rehabilitation of correctional facilities on those projects
10 under $25,000 funded from the General Revenue Fund.
11 Section 30-20. Prequalification. The Board shall
12 promulgate rules for the development of prequalified supplier
13 lists for construction and construction-related professional
14 services and the periodic updating of those lists.
15 Construction and construction-related professional services
16 contracts over $25,000 may be awarded to any qualified
17 suppliers.
18 Section 30-25. Retention of a percentage of contract
19 price. Whenever any contract entered into by a construction
20 agency for the repair, remodeling, renovation, or
21 construction of a building or structure, for the construction
22 or maintenance of a highway, as those terms are defined in
23 Article 2 of the Illinois Highway Code, or for the
24 reclamation of abandoned lands as those terms are defined in
25 Article I of the Abandoned Mined Lands and Water Reclamation
26 Act provides for the retention of a percentage of the
27 contract price until final completion and acceptance of the
28 work, upon the request of the contractor and with the
29 approval of the construction agency the amount so retained
30 may be deposited under a trust agreement with an Illinois
31 bank of the contractor's choice and subject to the approval
32 of the construction agency. The contractor shall receive any
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1 interest on the deposited amount. Upon application by the
2 contractor, the trust agreement must contain, at a minimum,
3 the following provisions:
4 (1) the amount to be deposited subject to the
5 trust;
6 (2) the terms and conditions of payment in case of
7 default by the contractor;
8 (3) the termination of the trust agreement upon
9 completion of the contract; and
10 (4) the contractor shall be responsible for
11 obtaining the written consent of the bank trustee and for
12 any costs or service fees.
13 The trust agreement may, at the discretion of the
14 construction agency and upon request of the contractor,
15 become effective at the time of the first partial payment in
16 accordance with existing statutes and rules of the Board.
17 Section 30-30. Contracts in excess of $250,000. For
18 construction contracts in excess of $250,000, separate
19 specifications shall be prepared for all equipment, labor,
20 and materials in connection with the following 5 subdivisions
21 of the work to be performed:
22 (1) plumbing;
23 (2) heating, piping, refrigeration, and automatic
24 temperature control systems, including the testing and
25 balancing of those systems;
26 (3) ventilating and distribution systems for
27 conditioned air, including the testing and balancing of
28 those systems;
29 (4) electric wiring; and
30 (5) general contract work.
31 The specifications must be so drawn as to permit separate
32 and independent bidding upon each of the 5 subdivisions of
33 work. All contracts awarded for any part thereof shall award
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1 the 5 subdivisions of work separately to responsible and
2 reliable persons, firms, or corporations engaged in these
3 classes of work. The contracts, at the discretion of the
4 construction agency, may be assigned to the successful bidder
5 on the general contract work or to the successful bidder on
6 the subdivision of work designated by the construction agency
7 before the bidding as the prime subdivision of work, provided
8 that all payments will be made directly to the contractors
9 for the 5 subdivisions of work upon compliance with the
10 conditions of the contract. A contract may be let for one or
11 more buildings in any project to the same contractor. The
12 specifications shall require, however, that unless the
13 buildings are identical, a separate price shall be submitted
14 for each building. The contract may be awarded to the lowest
15 responsible bidder for each or all of the buildings included
16 in the specifications.
17 Section 30-35. Expenditure in excess of contract price.
18 (a) Germaneness. No funds in excess of the contract
19 price may be obligated or expended unless the additional work
20 to be performed or materials to be furnished is germane to
21 the original contract. Even if germane to the original
22 contract, no additional expenditures or obligations may, in
23 their total combined amounts, be in excess of the percentages
24 of the original contract amount set forth in subsection (b)
25 unless they have received the prior written approval of the
26 construction agency. In the event that the total of the
27 combined additional expenditures or obligations exceeds the
28 percentages of the original contract amount set forth in
29 subsection (b), the construction agency shall investigate all
30 the additional expenditures or obligations in excess of the
31 original contract amount and shall in writing approve or
32 disapprove subsequent expenditures or obligations and state
33 in detail the reasons for the approval or disapproval.
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1 (b) Written determination required. When the contract
2 amount is no more than $75,000, the percentage shall be 9%
3 (maximum $6,750). When the contract amount is between
4 $75,001 and $200,000, the percentage shall be 7% of the
5 amount above $75,000 plus $6,750, but not to exceed 7% of
6 $200,000 (maximum $14,000). When the contract amount is
7 between $200,001 and $500,000, the percentage shall be 5% of
8 the amount above $200,000 plus $14,000, but not to exceed 5%
9 of $500,000 (maximum $25,000). When the contract amount is
10 in excess of $500,000, the percentage shall be 3% of the
11 amount above $500,000 plus $25,000.
12 Section 30-40. Certification. Any contract entered into
13 or expenditure of funds by a construction agency for
14 remodeling, renovation, or construction, involving an
15 expenditure in excess of $5,000, shall be subject to the
16 supervision of a licensed architect or engineer. No payment
17 shall be made for the remodeling, renovation, or construction
18 unless the vouchers or invoice for the work is accompanied by
19 a written certificate of the licensed architect or engineer
20 that the payment represents work satisfactorily completed,
21 labor, or materials incorporated in or stored at the site of
22 the work; provided, periodic payments can be made during the
23 course of the work upon a certificate of the licensed
24 architect or engineer indicating the proportionate amount of
25 the total work completed satisfactorily.
26 Section 30-45. Other Acts. This Article is subject to
27 applicable provisions of the following Acts:
28 (1) the Prevailing Wage Act;
29 (2) the Public Construction Bond Act;
30 (3) the Public Works Employment Discrimination Act;
31 (4) the Public Works Preference Act;
32 (5) the Employment of Illinois Workers on Public
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1 Works Act;
2 (6) the Public Contract Fraud Act; and
3 (7) the Illinois Construction Evaluation Act.
4 ARTICLE 35
5 PROFESSIONAL OR ARTISTIC SERVICES
6 Section 35-5. Applicability. All contracts for
7 professional or artistic services shall be procured in
8 accordance with the provisions of this Article.
9 Section 35-10. Authority. Each State agency shall have
10 the authority to procure its own professional or artistic
11 services.
12 Section 35-15. Method of source selection.
13 (a) Competitive selection procedures. Except as
14 provided in subsection (b) and Sections 20-25 and 20-30, all
15 State contracts for professional or artistic services of
16 $25,000 or more shall be awarded by a competitive request for
17 proposal process in accordance with this Section and Section
18 20-35.
19 (b) Other methods. The Board shall identify categories
20 of professional and artistic services and shall determine the
21 method of source selection that is in the best interests of
22 the State for each category. A State agency may award a
23 professional or artistic service contract by a method of
24 source selection other than the method designated by the
25 Board for that category of service only when justified in
26 writing to the Board and approved by the Board in advance of
27 the award.
28 (c) If a State agency awards a professional or artistic
29 service contract exceeding $25,000 to a party other than the
30 lowest bidder, the State purchasing officer must forward a
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1 written decision together with the contract notice of who the
2 lowest bidder was to the Board, which shall publish the
3 decision in the next issue of the Illinois Procurement
4 Bulletin.
5 Section 35-20. Uniformity in procurement.
6 (a) The Board shall develop, cause to be printed, and
7 distribute uniform documents for the solicitation, review,
8 and acceptance of all professional and artistic services.
9 (b) All State purchasing officers and their designees
10 shall use the uniform procedures and forms specified in this
11 Code for all professional and artistic services.
12 (c) These forms shall include in detail, in writing, at
13 least:
14 (1) a description of the goal to be achieved;
15 (2) the services to be performed;
16 (3) the need for the service;
17 (4) the qualifications that are necessary; and
18 (5) a plan for post-performance review.
19 Section 35-25. Uniformity in contract.
20 (a) The Board shall develop, cause to be printed, and
21 distribute uniform documents for the contracting of
22 professional and artistic services.
23 (b) All State purchasing officers and their designees
24 shall use these uniform contracts and forms in contracting
25 for all professional and artistic services.
26 (c) These contracts and forms shall include in detail,
27 in writing, at least:
28 (1) the detail listed in subsection (c) of Section
29 35-20;
30 (2) the duration of the contract, with a schedule
31 of delivery, when applicable;
32 (3) the method for charging and measuring cost
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1 (hourly, per day, etc.);
2 (4) the rate of remuneration; and
3 (5) the maximum price.
4 Section 35-35. Subcontractors.
5 (a) Use specified. Any contract for professional or
6 artistic services shall state whether the services of a
7 subcontractor will be used. The contract shall include the
8 names and addresses of all subcontractors and the anticipated
9 amount of money that they will receive under the contract.
10 (b) Amendment. If at any time a contractor for
11 professional or artistic services that had not intended to
12 use the services of a subcontractor decides to use a
13 subcontractor, the contractor and the State agency shall file
14 an amendment to the original contract with the Comptroller
15 stating the names and addresses of all subcontractors and the
16 anticipated amount of money that they will receive under the
17 original contract.
18 ARTICLE 40
19 REAL PROPERTY AND CAPITAL IMPROVEMENT LEASES
20 Section 40-5. Applicability. All leases for real
21 property or capital improvements, including office and
22 storage space, buildings, and other facilities for State
23 agencies, shall be procured in accordance with the provisions
24 of this Article.
25 Section 40-10. Authority. State purchasing officers
26 shall have the authority to procure leases for real property
27 or capital improvements, except as that authority may be
28 limited by the Board or delegated by the State purchasing
29 officer in accordance with Section 10-15.
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1 Section 40-15. Method of source selection.
2 (a) Request for information. Except as provided in
3 subsections (b) and (c), all State contracts for leases of
4 real property or capital improvements shall be awarded by a
5 request for information process in accordance with Section
6 40-20.
7 (b) Other methods. A request for information process
8 need not be used in procuring any of the following leases:
9 (1) Property of less than 10,000 square feet.
10 (2) Rent of less than $100,000 per year.
11 (3) Duration of less than one year that cannot be
12 renewed.
13 (4) Specialized space available at only one
14 location.
15 (c) Leases with governmental units. Leases with other
16 governmental units may be negotiated without using the
17 request for information process when deemed by the Board to
18 be in the best interest of the State.
19 Section 40-20. Request for information.
20 (a) Conditions for use. Leases shall be procured by
21 request for information except as otherwise provided in
22 Section 40-15.
23 (b) Form. A request for information shall be issued and
24 shall include:
25 (1) the type of property to be leased;
26 (2) the proposed uses of the property;
27 (3) the duration of the lease;
28 (4) the preferred location of the property; and
29 (5) a general description of the configuration
30 desired.
31 (c) Public notice. Public notice of the request for
32 information for the availability of real property to lease
33 shall be published in the Illinois Procurement Bulletin at
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1 least 28 days before the date set forth in the request for
2 receipt of responses and shall also be published in similar
3 manner in a newspaper of general circulation in the community
4 or communities where the using agency is seeking space.
5 (d) Response. The request for information response
6 shall consist of written information sufficient to show that
7 the respondent can meet minimum criteria set forth in the
8 request. State purchasing officers may enter into
9 discussions with respondents for the purpose of clarifying
10 State needs and the information supplied by the respondents.
11 On the basis of the information supplied and discussions, if
12 any, a State purchasing officer shall make a written
13 determination identifying the responses that meet the minimum
14 criteria set forth in the request for information.
15 Negotiations shall be entered into with all qualified
16 respondents for the purpose of securing a lease that is in
17 the best interest of the State. A written report of the
18 negotiations shall be retained in the lease files and shall
19 include the reasons for the final selection. All leases
20 shall be reduced to writing and filed in accordance with the
21 provisions of Section 20-80.
22 Section 40-25. Length of leases.
23 (a) Maximum term. Leases shall be for a term not to
24 exceed 10 years and shall include a termination option in
25 favor of the State after 5 years.
26 (b) Renewal. Leases may include a renewal option. An
27 option to renew may be exercised only when a State purchasing
28 officer determines in writing that renewal is in the best
29 interest of the State.
30 (c) Subject to appropriation. All leases shall recite
31 that they are subject to termination and cancellation in any
32 year for which the General Assembly fails to make an
33 appropriation to make payments under the terms of the lease.
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1 Section 40-30. Purchase option. Initial leases of all
2 space in entire, free-standing buildings shall include an
3 option to purchase exerciseable by the State.
4 Section 40-35. Rent without occupancy. Except when
5 deemed by the Board to be in the best interest of the State,
6 no State agency may incur rental obligations before occupying
7 the space rented.
8 Section 40-40. Local site preferences. Upon the request
9 of the chief executive officer of a unit of local government,
10 leasing preferences may be given to sites located in
11 enterprise zones, tax increment districts, or redevelopment
12 districts.
13 Section 40-45. Repealer. This Article is repealed May
14 1, 1998.
15 ARTICLE 45
16 PREFERENCES
17 Section 45-5. Procurement preferences. To promote
18 business and employment opportunities in Illinois,
19 procurement preferences are established and shall be
20 applicable to any procurement made under this Code.
21 Section 45-10. Resident bidders.
22 (a) Amount of preference. When a contract is to be
23 awarded to the lowest responsible bidder, a resident bidder
24 shall be allowed a preference as against a non-resident
25 bidder from any state that gives or requires a preference to
26 bidders from that state. The preference shall be equal to
27 the preference given or required by the state of the
28 non-resident bidder. Further, if only non-resident bidders
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1 are bidding, the purchasing agency is within its right to
2 specify that Illinois labor and manufacturing locations be
3 used as a part of the manufacturing process, if applicable.
4 This specification may be negotiated as part of the
5 solicitation process.
6 (b) Residency. A resident bidder is a person authorized
7 to transact business in this State and having a bona fide
8 establishment for transacting business within this State
9 where it was actually transacting business on the date when
10 any bid for a public contract is first advertised or
11 announced. A resident bidder includes a foreign corporation
12 duly authorized to transact business in this State that has a
13 bona fide establishment for transacting business within this
14 State where it was actually transacting business on the date
15 when any bid for a public contract is first advertised or
16 announced.
17 (c) Federal funds. This Section does not apply to any
18 contract for any project as to which federal funds are
19 available for expenditure when its provisions may be in
20 conflict with federal law or federal regulation.
21 Section 45-15. Soybean oil-based ink.
22 (a) Contracts requiring the procurement of printing
23 services shall specify the use of soybean oil-based ink
24 unless a State purchasing officer determines that another
25 type of ink is required to assure high quality and reasonable
26 pricing of the printed product.
27 (b) All other printing done by or for the State shall
28 use soybean oil-based ink unless the agency by or for whom
29 the printing is done determines that another type of ink is
30 required to assure high quality and reasonable pricing of the
31 printed product. Printing done by or for the State in
32 soybean oil-based ink shall state, if practical, that soybean
33 oil-based ink was used.
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1 Section 45-20. Recycled materials. When a public
2 contract is to be awarded to the lowest responsible bidder,
3 an otherwise qualified bidder who will fulfill the contract
4 through the use of products made of recycled materials may,
5 on a pilot basis or in accordance with a pilot study, be
6 given preference over other bidders unable to do so, provided
7 that the cost included in the bid of products made of
8 recycled materials is not more than 10% greater than the cost
9 of products not made of recycled materials.
10 Section 45-25. Recyclable paper. All paper purchased
11 for use by State agencies must be recyclable paper unless
12 recyclable paper cannot be used to meet the requirements of
13 the State agencies. State agencies shall determine their
14 paper requirements to allow the use of recyclable paper
15 whenever possible, including without limitation using plain
16 paper rather than colored paper that is not recyclable.
17 Section 45-30. Correctional industries. All articles,
18 materials, industry related services, food stuffs, and
19 supplies that are produced or manufactured by persons
20 confined in institutions and facilities of the Department of
21 Corrections shall be given preference by purchasing agencies
22 procuring those items.
23 Section 45-35. Sheltered workshops for the severely
24 handicapped.
25 (a) Qualification. Supplies and services may be
26 procured without advertising or calling for bids from any
27 qualified not-for-profit agency for the severely handicapped
28 that:
29 (1) complies with Illinois laws governing private
30 not-for-profit organizations;
31 (2) is certified as a sheltered workshop by the
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1 Wage and Hour Division of the United States Department of
2 Labor; and
3 (3) meets the Department of Rehabilitation Services
4 (until July 1, 1997 and the Department of Human Services
5 on and after July 1, 1997) just standards for
6 rehabilitation facilities.
7 (b) Participation. To participate, the not-for-profit
8 agency must have indicated an interest in providing the
9 supplies and services, must meet the specifications and needs
10 of the using agency, and must set a fair market price.
11 (c) Committee. There is created within the Department
12 of Central Management Services a committee to facilitate the
13 purchase of products and services of persons so severely
14 handicapped by a physical or mental disability that they
15 cannot engage in normal competitive employment. The
16 committee shall consist of the Director of Central Management
17 Services, the Director of Mental Health and Developmental
18 Disabilities until July 1, 1997, the Director of
19 Rehabilitation Services until July 1, 1997, the Director of
20 Human Services on and after July 1, 1997, and 2
21 representatives from private business and 2 public members
22 all appointed by the Governor who are knowledgeable in the
23 needs and concerns of rehabilitation facilities in Illinois.
24 The public members shall serve 2 year terms, commencing upon
25 appointment and every 2 years thereafter. A public member
26 may be reappointed, and vacancies may be filled by
27 appointment for the completion of the term. The members
28 shall serve without compensation but shall be reimbursed for
29 expenses at a rate equal to that of State employees on a per
30 diem basis by the Department of Central Management Services.
31 All members shall be entitled to vote on issues before the
32 committee.
33 The committee shall have the following powers and duties:
34 (1) To request from any State agency information as
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1 to product specification and service requirements in
2 order to carry out its purpose.
3 (2) To meet quarterly or more often as necessary to
4 carry out its purposes.
5 (3) To request a quarterly report from each
6 participating qualified not-for-profit agency for the
7 severely handicapped describing the volume of sales for
8 each product or service sold under this Section.
9 (4) To prepare a report for the Governor annually.
10 (5) To prepare a publication that lists all
11 supplies and services currently available from any
12 qualified not-for-profit agency for the severely
13 handicapped. This list and any revisions shall be
14 distributed to all purchasing agencies.
15 (6) To encourage diversity in supplies and services
16 provided by qualified not-for-profit agencies for the
17 severely handicapped and discourage unnecessary
18 duplication or competition among facilities.
19 (7) To develop guidelines to be followed by
20 qualifying agencies for participation under the
21 provisions of this Section. The guidelines shall be
22 developed within 6 months after the effective date of
23 this Code and made available on a nondiscriminatory basis
24 to all qualifying agencies.
25 (8) To review all bids submitted under the
26 provisions of this Section and reject any bid for any
27 purchase that is determined to be substantially more than
28 the purchase would have cost had it been competitively
29 bid.
30 (d) Former committee. The committee created under
31 subsection (c) shall replace the committee created under
32 Section 7-2 of the Illinois Purchasing Act, which shall
33 continue to operate until the appointments under subsection
34 (c) are made.
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1 Section 45-37. Purchases from qualified private business
2 with a supported employment work force. A State agency may
3 buy products and services, without advertising or using
4 competitive procedures, from a qualified private business
5 that:
6 (1) complies with Illinois laws governing private,
7 for-profit enterprises;
8 (2) employs individuals meeting the definition of
9 supported employee;
10 (3) provides necessary supports to its supported
11 employees to assist them in maintaining their employment;
12 (4) provides its employees with an integrated
13 setting in which:
14 (A) at least 5% and not more than 20% of
15 employees are supported employees approved by the
16 Department of Rehabilitation Services or the
17 Department of Human Services;
18 (B) most interpersonal interactions of a
19 supported employment worker that are in or
20 associated with the work place are with employees of
21 that work place who are not supported employment
22 workers; and
23 (C) most (at least 50%) of the work expended
24 to produce the amount of the goods and services to
25 be sold to the State is provided by supported
26 employees;
27 (5) completes a Bidders Application form that is on
28 file with the Department of Central Management Services;
29 and
30 (6) meets the bid specifications or the needs of
31 the purchasing agency at a fair market price.
32 Those businesses must file a quarterly report with
33 Department of Central Management Services listing all
34 contracts with State agencies.
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1 The State Use Committee is responsible for interpreting
2 the provisions of this Section and for monitoring and making
3 decisions regarding contracts under this Section.
4 Section 45-40. Gas mileage.
5 (a) Specification. Contracts for the purchase or lease
6 of new passenger automobiles, other than station wagons,
7 vans, four-wheel drive vehicles, emergency vehicles, and
8 police and fire vehicles, shall specify the procurement of a
9 model that, according to the most current mileage study
10 published by the U.S. Environmental Protection Agency, can
11 achieve at least the minimum average fuel economy in miles
12 per gallon imposed upon manufacturers of vehicles under Title
13 V of The Motor Vehicle Information and Cost Savings Act.
14 (b) Exemptions. The State purchasing officer may exempt
15 procurements from the requirement of subsection (a) when
16 there is a demonstrated need, submitted in writing, for an
17 automobile that does not meet the minimum average fuel
18 economy standards. The Board shall promulgate rules for
19 determining need consistent with the intent of this Section.
20 Section 45-45. Small businesses.
21 (a) Set-asides. The Board has authority to designate as
22 small business set-asides a fair proportion of construction,
23 supply, and service contracts for award to small businesses
24 in Illinois. Advertisements for bids or offers for those
25 contracts shall specify designation as small business
26 set-asides. In awarding the contracts, only bids or offers
27 from qualified small businesses shall be considered.
28 (b) Small business. "Small business" means a business
29 that is independently owned and operated and that is not
30 dominant in its field of operation. The Board shall
31 establish a detailed definition by rule, using in addition to
32 the foregoing criteria other criteria, including the number
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1 of employees and the dollar volume of business. When
2 computing the size status of a bidder, annual sales and
3 receipts of the bidder and all of its affiliates shall be
4 included. The maximum number of employees and the maximum
5 dollar volume that a small business may have under the rules
6 promulgated by the Board may vary from industry to industry
7 to the extent necessary to reflect differing characteristics
8 of those industries, subject to the following limitations:
9 (1) No wholesale business is a small business if
10 its annual sales for its most recently completed fiscal
11 year exceed $7,500,000.
12 (2) No retail business or business selling services
13 is a small business if its annual sales and receipts
14 exceed $1,500,000.
15 (3) No manufacturing business is a small business
16 if it employs more than 250 persons.
17 (4) No construction business is a small business if
18 its annual sales and receipts exceed $3,000,000.
19 (c) Fair proportion. For the purpose of subsection (a),
20 a fair proportion of construction contracts shall be no less
21 than 25% nor more than 40% of the annual total contracts for
22 construction.
23 (d) Withdrawal of designation. A small business
24 set-aside designation may be withdrawn by the purchasing
25 agency when deemed in the best interests of the State. Upon
26 withdrawal, all bids or offers shall be rejected, and the
27 bidders or offerors shall be notified of the reason for
28 rejection. The contract shall then be awarded in accordance
29 with this Code without the designation of small business
30 set-aside.
31 (e) Small business specialist. The Board shall
32 designate a State purchasing officer who will be responsible
33 for engaging an experienced contract negotiator to serve as
34 its small business specialist, whose duties shall include:
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1 (1) Compiling and maintaining a comprehensive
2 bidders list of small businesses. In this duty, he or
3 she shall cooperate with the Federal Small Business
4 Administration in locating potential sources for various
5 products and services.
6 (2) Assisting small businesses in complying with
7 the procedures for bidding on State contracts.
8 (3) Examining requests from State agencies for the
9 purchase of property or services to help determine which
10 invitations to bid are to be designated small business
11 set-asides.
12 (4) Making recommendations to the Board for the
13 simplification of specifications and terms in order to
14 increase the opportunities for small business
15 participation.
16 (5) Assisting in investigations by purchasing
17 agencies to determine the responsibility of bidders on
18 small business set-asides.
19 (f) Small business annual report. The State purchasing
20 officer designated under subsection (e) shall annually before
21 December 1 report in writing to the General Assembly
22 concerning the awarding of contracts to small businesses.
23 The report shall include the total value of awards made in
24 the preceding fiscal year under the designation of small
25 business set-aside.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report as required
28 by Section 3.1 of the General Assembly Organization Act.
29 Section 45-50. Illinois agricultural products. In
30 awarding contracts requiring the procurement of agricultural
31 products, preference may be given to an otherwise qualified
32 bidder or offeror who will fulfill the contract through the
33 use of agricultural products grown in Illinois.
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1 Section 45-55. Corn-based plastics. In awarding
2 contracts requiring the procurement of plastic products,
3 preference may be given to an otherwise qualified bidder or
4 offeror who will fulfill the contract through the use of
5 plastic products made from Illinois corn by-products.
6 Section 45-60. Vehicles powered by agricultural
7 commodity-based fuel. In awarding contracts requiring the
8 procurement of vehicles, preference may be given to an
9 otherwise qualified bidder or offeror who will fulfill the
10 contract through the use of vehicles powered by ethanol
11 produced from Illinois corn or biodiesel fuels produced from
12 Illinois soybeans.
13 Section 45-65. Additional preferences. This Code is
14 subject to applicable provisions of:
15 (1) the Public Purchases in Other States Act;
16 (2) the Illinois Mined Coal Act;
17 (3) the Steel Products Procurement Act;
18 (4) the Veterans Preference Act; and
19 (5) the Business Enterprise for Minorities,
20 Females, and Disabled Persons Act.
21 ARTICLE 50
22 PROHIBITIONS, RESTRICTIONS, AND PENALTIES
23 Section 50-5. Bribery.
24 (a) Prohibition. No person or business shall be awarded
25 a contract or subcontract under this Code who:
26 (1) has been convicted under the laws of Illinois
27 or any other state of bribery or attempting to bribe an
28 officer or employee of the State of Illinois or any other
29 state in that officer's or employee's official capacity;
30 or
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1 (2) has made an admission of guilt of that conduct
2 that is a matter of record but has not been prosecuted
3 for that conduct.
4 (b) Businesses. No business shall be barred from
5 contracting with any unit of State or local government as a
6 result of a conviction under this Section of any employee or
7 agent of the business if the employee or agent is no longer
8 employed by the business and:
9 (1) the business has been finally adjudicated not
10 guilty; or
11 (2) the business demonstrates to the governmental
12 entity with which it seeks to contract, and that entity
13 finds that the commission of the offense was not
14 authorized, requested, commanded, or performed by a
15 director, officer, or high managerial agent on behalf of
16 the business as provided in paragraph (2) of subsection
17 (a) of Section 5-4 of the Criminal Code of 1961.
18 (c) Conduct on behalf of business. For purposes of this
19 Section, when an official, agent, or employee of a business
20 committed the bribery or attempted bribery on behalf of the
21 business and in accordance with the direction or
22 authorization of a responsible official of the business, the
23 business shall be chargeable with the conduct.
24 (d) Certification. Every bid submitted to and contract
25 executed by the State shall contain a certification by the
26 contractor that the contractor is not barred from being
27 awarded a contract or subcontract under this Section. A
28 contractor who makes a false statement, material to the
29 certification, commits a Class 3 felony.
30 Section 50-10. Felons. Unless otherwise provided, no
31 person or business convicted of a felony shall do business
32 with the State of Illinois or any State agency from the date
33 of conviction until one year after the date of completion of
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1 the sentence for that felony, unless no person held
2 responsible by a prosecutorial office for the facts upon
3 which the conviction was based continues to have any
4 involvement with the business.
5 Section 50-15. Conflicts of interest.
6 (a) Prohibition. It is unlawful for any person holding
7 an elective office in this State, holding a seat in the
8 General Assembly, or appointed to or employed in any of the
9 offices or agencies of State government, and who receives
10 compensation for such employment in excess of 60% of the
11 salary of the Governor of the State of Illinois, or who is an
12 officer or employee of the Capital Development Board or the
13 Illinois Toll Highway Authority, or who is the spouse or
14 minor child of any such person to have or acquire any
15 contract, or any direct pecuniary interest in any contract
16 therein, whether for stationery, printing, paper, or any
17 services, materials, or supplies, that will be wholly or
18 partially satisfied by the payment of funds appropriated by
19 the General Assembly of the State of Illinois or in any
20 contract of the Capital Development Board or the Illinois
21 Toll Highway Authority.
22 (b) Interests. It is unlawful for any firm,
23 partnership, association, or corporation in which any person
24 listed in subsection (a) is entitled to receive (i) more than
25 7 1/2% of the total distributable income, or (ii) an amount
26 in excess of the salary of the Governor, whichever is lower,
27 to have or acquire any such contract or direct pecuniary
28 interest therein.
29 (c) Combined interests. It is unlawful for any firm,
30 partnership, association, or corporation in which any person
31 listed in subsection (a) together with his or her spouse or
32 minor children is entitled to receive (i) more than 15%, in
33 the aggregate, of the total distributable income, or (ii) an
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1 amount in excess of 2 times the Governor's salary, whichever
2 is lower, to have or acquire any such contract or direct
3 pecuniary interest therein.
4 (d) Securities. Nothing in this Section invalidates the
5 provisions of any bond or other security previously offered
6 or to be offered for sale or sold by or for the State of
7 Illinois.
8 (e) Prior interests. This Section does not affect the
9 validity of any contract made between the State and an
10 officer or employee of the State or member of the General
11 Assembly, his or her spouse, minor child or any combination
12 of those persons if that contract was in existence before his
13 or her election or employment as an officer, member, or
14 employee. The contract is void, however, if it cannot be
15 completed within 6 months after the officer, member, or
16 employee takes office or is employed.
17 (f) Exceptions.
18 (1) Public aid payments. This Section does not
19 apply to payments made for a public aid recipient.
20 (2) Teaching. This Section does not apply to a
21 contract for personal services as a teacher or school
22 administrator between a member of the General Assembly or
23 his or her spouse, or a State officer or employee or his
24 or her spouse, and any school district, public community
25 college district, the University of Illinois, Southern
26 Illinois University, or any institution under the control
27 of the Board of Governors of State Colleges and
28 Universities or under the control of the Board of
29 Regents.
30 (3) Ministerial duties. This Section does not
31 apply to a contract for personal services of a wholly
32 ministerial character, including but not limited to
33 services as a laborer, clerk, typist, stenographer, page,
34 bookkeeper, receptionist, or telephone switchboard
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1 operator, made by a spouse or minor child of an elective
2 or appointive State officer or employee or of a member of
3 the General Assembly.
4 (4) Child and family services. This Section does
5 not apply to payments made to a member of the General
6 Assembly, a State officer or employee, his or her spouse
7 or minor child acting as a foster parent, homemaker,
8 advocate, or volunteer for or in behalf of a child or
9 family served by the Department of Children and Family
10 Services.
11 (g) Penalty. Any person convicted of a violation of
12 this Section is guilty of a business offense and shall be
13 fined not less than $1,000 nor more than $5,000.
14 Section 50-20. Negotiations.
15 (a) Prohibition. Except as provided in Section 50-25,
16 it is unlawful for any person employed in or on a continual
17 contractual relationship with any of the offices or agencies
18 of State government to participate in contract negotiations
19 on behalf of that office or agency with any firm,
20 partnership, association, or corporation with whom that
21 person has a contract for future employment or is negotiating
22 concerning possible future employment.
23 (b) Penalty. Any person violating this Section is
24 guilty of a business offense and shall be fined not less than
25 $1,000 and not more than $5,000.
26 Section 50-25. Exemptions. With the approval of the
27 administrative head of the State agency involved, the
28 Governor may exempt named individuals from the prohibitions
29 of Section 50-15 when, in his or her judgment, the public
30 interest in having the individual in the service of the State
31 outweighs the public policy evidenced in those Sections. An
32 exemption is not effective unless the Governor files with the
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1 Secretary of State and Comptroller a statement naming the
2 individual, setting forth all the pertinent facts that would
3 make those Sections applicable, setting forth the reasons for
4 the exemption, and declaring that the individual is exempted
5 from those Sections. The Governor shall publish notice of
6 the exemption in the Illinois Procurement Bulletin.
7 Section 50-30. Inducement. Any person who offers or
8 pays any money or other valuable thing to any person to
9 induce him or her not to bid for a State contract or as
10 recompense for not having bid on a State contract is guilty
11 of a Class 4 felony. Any person who accepts any money or
12 other valuable thing for not bidding for a State contract or
13 who withholds a bid in consideration of the promise for the
14 payment of money or other valuable thing is guilty of a Class
15 4 felony.
16 Section 50-35. Former employees. Former State employees
17 whose duties with the State were directly related to
18 procurement are prohibited from doing business that is
19 substantially similar to their prior duties with the State
20 agency formerly employing them for a period of 2 years from
21 the termination of their employment with the State. The
22 Board shall by rule define the nature of procurement
23 activities that are subject to this prohibition and the
24 meaning of "substantially similar" as it is used in this
25 Section. The Board shall not be authorized to grant any
26 waiver or exemption from this prohibition.
27 Section 50-40. Disclosures by contractors and bidders.
28 (a) All offers from responsive bidders or offerors with
29 an annual value of more than $5,000 shall be accompanied by
30 disclosure of the financial interests of the contractor,
31 bidder, or proposer. The financial disclosure of each
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1 successful bidder or offeror shall become part of the
2 publicly available contract or procurement file maintained by
3 the appropriate State purchasing officer.
4 (b) Disclosure by the responsive bidders or offerors
5 shall include any ownership or distributive income share that
6 is in excess of 5%, or an amount greater than 60% of the
7 annual salary of the Governor, of the bidding entity or its
8 parent entity, whichever is less, unless the contractor or
9 bidder is a publicly traded entity subject to federal
10 reporting, in which case it may submit its 10K. Disclosure
11 shall be prescribed by the applicable State purchasing
12 officer and must include at least the names, addresses, and
13 dollar or proportionate share of ownership of each person
14 identified in this Section, their instrument of ownership of
15 beneficial relationship, and notice of any potential conflict
16 of interest resulting from the current ownership or
17 beneficial relationship of each person identified in this
18 Section having in addition any of the following
19 relationships:
20 (1) State employment, currently or in the previous
21 3 years, including contractual employment of services.
22 (2) State employment of spouse, father, mother,
23 son, or daughter, including contractual employment for
24 services in the previous 2 years.
25 (3) Elective status; the holding of elective office
26 of the State of Illinois, the government of the United
27 States, or any unit of local government authorized by the
28 Constitution of the State of Illinois or the statutes of
29 the State of Illinois currently or in the previous 3
30 years.
31 (4) Relationship to anyone holding elective office
32 currently or in the previous 2 years; spouse, father,
33 mother, son, or daughter.
34 (5) Appointive office; the holding of any
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1 appointive government office of the State of Illinois,
2 the United States of America, or any unit of local
3 government authorized by the Constitution of the State of
4 Illinois or the statutes of the State of Illinois, which
5 office entitles the holder to compensation in excess of
6 expenses incurred in the discharge of that office
7 currently or in the previous 3 years.
8 (6) Relationship to anyone holding appointive
9 office currently or in the previous 2 years; spouse,
10 father, mother, son, or daughter.
11 (7) Employment, currently or in the previous 3
12 years, as or by any registered lobbyist of the State
13 government.
14 (8) Relationship to anyone who is or was a
15 registered lobbyist in the previous 2 years; spouse,
16 father, mother, son, or daughter.
17 (9) Compensated employment, currently or in the
18 previous 3 years, by any election or re-election
19 committee, registered with the Secretary of State or any
20 county clerk in the State of Illinois, or any political
21 action committee registered with either the Secretary of
22 State or the Federal Board of Elections.
23 (10) Relationship to anyone; spouse, father,
24 mother, son, or daughter; who is or was a compensated
25 employee in the last 2 years of any election or
26 re-election committee, registered with the Secretary of
27 State or any county clerk in the State of Illinois, or
28 any political action committee registered with the
29 Secretary of State or the Federal Board of Elections.
30 (c) The disclosure in subsection (b) is not intended
31 to prohibit or prevent any contract. The disclosure is meant
32 to fully and publicly disclose any potential conflict to
33 State purchasing officers, their designees, and executive
34 officers so they may adequately discharge their duty to
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1 protect the State.
2 (d) In the case of any contract for personal services in
3 excess of $50,000; any contract competitively bid in excess
4 of $250,000; any other contract in excess of $50,000; when a
5 potential for a conflict of interest is identified,
6 discovered, or reasonably suspected, it shall be reviewed and
7 commented on in writing by the Governor of the State of
8 Illinois or by an executive ethics board or commission he or
9 she might designate. The comment shall be returned to the
10 responsible State purchasing officer who must rule in writing
11 whether to void or allow the contract, bid, offer, or
12 proposal, weighing the best interest of the State of
13 Illinois. The comment and determination shall become a
14 publicly available part of the contract, bid, or proposal
15 file.
16 (e) These threshholds and disclosure do not relieve the
17 State purchasing officer or designee from reasonable care and
18 diligence for any contract, bid, offer, or proposal. The
19 State purchasing officer or designee shall be responsible for
20 using any reasonably known and publicly available information
21 to discover any undisclosed potential conflict of interest
22 and act to protect the best interest of the State of
23 Illinois.
24 (f) Inadvertent or accidental failure to fully disclose
25 shall render the contract, bid, proposal, or relationship
26 voidable by the State purchasing officer if he or she deems
27 it in the best interest of the State of Illinois and, at his
28 or her discretion, may be cause for debarment from future
29 contracts, bids, proposals, or relationships with the State
30 for a period of up to 2 years.
31 (g) Intentional, willful, or material failure to
32 disclose shall render the contract, bid, proposal, or
33 relationship voidable by the State purchasing officer if he
34 or she deems it in the best interest of the State of Illinois
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1 and shall result in debarment from future contracts, bids,
2 proposals, or relationships for a period of not less than 2
3 years and not more than 10 years. Reinstatement after 2
4 years and before 10 years must be reviewed and commented on
5 in writing by the Governor of the State of Illinois or by an
6 executive ethics board or commission he or she might
7 designate. The comment shall be returned to the responsible
8 State purchasing officer who must rule in writing whether and
9 when to reinstate.
10 (h) In addition, all disclosures shall note any other
11 current or pending contracts, proposals, leases, or other
12 ongoing procurement relationships the bidding, proposing, or
13 offering entity has with any other unit of State government
14 and shall clearly identify the unit and the contract,
15 proposal, lease, or other relationship.
16 Section 50-45. Disclosures by State employees and
17 officers.
18 (a) Contract negotiations. Any person participating in
19 the making of a contract, or who enters into a contract, on
20 behalf of an office or agency of State government with the
21 knowledge that his or her spouse, child, parent, or sibling
22 is entitled to receive (i) more than 7.5% of the total
23 distributable income of the other contracting party or (ii)
24 an amount in excess of the salary of the Governor, whichever
25 is lower, or in which that child, parent, or sibling,
26 together with his or her spouse or minor children, is
27 entitled to receive (i) more than 15%, in the aggregate, of
28 the total distributable income of the other contracting party
29 or (ii) an amount in excess of 2 times the salary of the
30 Governor, whichever is lower, shall immediately file a
31 written statement setting out the facts of the transaction.
32 The statement shall be filed with the administrative head of
33 the office or agency and be kept available for public
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1 inspection. A person failing to file a statement or filing a
2 false statement is guilty of a business offense and shall be
3 fined not less than $1,000 and not more than $5,000. Any
4 such contract is contrary to public policy and may be voided
5 at the option of the State unless it is shown to be in the
6 best interests of the State. Moreover, if fraud or
7 substantial monetary harm to the State results from the
8 nepotic element of the transaction, the government officer or
9 employee involved in the element is guilty of a Class A
10 misdemeanor.
11 (b) Other positions and contracts. Each State employee
12 is responsible for annually notifying his or her State
13 employer of contracts held by the employee or by the
14 employee's spouse and minor children and of other payroll
15 positions held by the employee. The State employee shall
16 notify his or her employer of any changes in this
17 notification at the time the changes occur.
18 Section 50-50. Identical bids. Every State agency that
19 obtains 2 or more identical bids under this Code shall inform
20 the Attorney General in writing of those facts within 30 days
21 after the disposition of all bids received in response for
22 bids, whether by the awarding of the contract or other
23 action. The Attorney General shall prescribe the form and
24 manner of notification.
25 Section 50-55. Reporting of anticompetitive practices.
26 When for any reason collusion or other anticompetitive
27 practices are suspected among any bidders or offerors, a
28 notice of the relevant facts shall be transmitted to the
29 Attorney General.
30 Section 50-58. Confidentiality. The chief procurement
31 officer or any State purchasing officer, designee, or
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1 executive officer who willfully uses or allows the use of
2 specifications, competitive bid documents, proprietary
3 competitive information, proposals, contracts, or selection
4 information to compromise the fairness or integrity of the
5 procurement, bidding, or contract process shall be subject to
6 discipline up to and including immediate dismissal,
7 regardless of the Personnel Code, and may in addition be
8 subject to criminal prosecution.
9 Section 50-60. Insider information. It is unlawful for
10 any current or former elected or appointed State official or
11 State employee to knowingly use confidential information
12 available only by virtue of that office or employment for
13 actual or anticipated personal gain or for the actual or
14 anticipated personal gain of another person.
15 Section 50-65. Supply inventory. Every State agency
16 shall inventory or stock no more than a 12-month need of
17 equipment, supplies, commodities, articles, and other items,
18 except as otherwise authorized by the State agency's
19 regulations. Every State agency shall periodically review
20 its inventory to ensure compliance with this Section. If,
21 upon review, an agency determines it has more than a 12-month
22 supply of any equipment, supplies, commodities, or other
23 items, the agency shall undertake transfers of the
24 oversupplied items or other action necessary to maintain
25 compliance with this Section. This Section shall not apply
26 to lifesaving medications, mechanical spare parts, and items
27 for which the supplier requires a minimum order stipulation.
28 Section 50-70. Void contracts. If any contract is
29 entered into or purchase or expenditure of funds is made in
30 violation of this Code, the rules promulgated under this
31 Code, or any other law, the contract may be declared void by
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1 the purchasing agency or may be ratified and affirmed,
2 provided the purchasing agency determines that ratification
3 is in the best interests of the State. If the contract is
4 ratified and affirmed, it shall be without prejudice to the
5 State's rights to any appropriate damages.
6 Section 50-75. Suspension and debarment. Any contractor
7 may be suspended for violation of this Code or for failure to
8 conform to specifications or terms of delivery. Suspension
9 shall be for cause and may be for a period of up to 2 years
10 at the discretion of the applicable State procurement
11 officer. Contractors may be debarred in accordance with
12 rules promulgated by the Board or as otherwise provided by
13 law.
14 Section 50-80. Additional provisions. This Code is
15 subject to applicable provisions of the following Acts:
16 (1) Article 33E of the Criminal Code of 1961;
17 (2) the Illinois Human Rights Act;
18 (3) the Discriminatory Club Act;
19 (4) the Illinois Governmental Ethics Act;
20 (5) the State Prompt Payment Act;
21 (6) the Public Officer Prohibited Activities Act;
22 and
23 (7) the Drug Free Workplace Act.
24 Section 50-85. Other violations.
25 (a) The chief procurement officer or any State
26 purchasing officer or designee who willfully violates or
27 allows the violation of this Code shall be subject to
28 discipline up to and including immediate dismissal,
29 regardless of the Personnel Code.
30 (b) Except as otherwise provided in this Code, whoever
31 violates this Code or the rules promulgated under it is
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1 guilty of a Class A misdemeanor.
2 ARTICLE 55
3 MISCELLANEOUS PROVISIONS
4 Section 55-5. References to repealed provisions. After
5 the effective date of this Act, all references to the
6 provisions of law repealed by this Act shall be construed,
7 where necessary and appropriate, as references to the
8 Illinois Procurement Code.
9 Section 55-10. Exclusive exercise of powers. On and
10 after 120 days following the effective date of this Act, the
11 powers granted under this Code shall be exercised exclusively
12 as granted under this Code, and no State agency may
13 concurrently exercise any such power, unless specifically
14 authorized otherwise by a later enacted law. This Code is
15 not intended to impair any contract entered into before the
16 effective date of this Act.
17 Section 55-15. Severability. If any provision of this
18 Code or any application of it to any person or circumstance
19 is held invalid, that invalidity shall not affect other
20 provisions or applications of this Code that can be given
21 effect without the invalid provision or application, and to
22 this end the provisions of this Code are declared to be
23 severable.
24 ARTICLE 95
25 AMENDATORY AND REPEALING PROVISIONS
26 Section 95-5. The Governmental Joint Purchasing Act is
27 amended by changing Section 3 as follows:
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1 (30 ILCS 525/3) (from Ch. 85, par. 1603)
2 Sec. 3. Any agreement of the governmental units which
3 desire to make joint purchases, one of the governmental units
4 shall conduct the letting of bids. Where the State of
5 Illinois is a party to the joint purchase agreement, the
6 Department of Central Management Services shall conduct the
7 letting of bids. Expenses of such bid-letting may be shared
8 by the participating governmental units in proportion to the
9 amount of personal property, supplies or services each unit
10 purchases.
11 When the State of Illinois is a party to the joint
12 purchase agreement, the acceptance of bids shall be in
13 accordance with the Illinois Procurement Code and rules
14 promulgated under that Code. When the State of Illinois is
15 not a party to the joint purchase agreement, the acceptance
16 of bids shall be governed by the agreement.
17 The personal property, supplies or services involved
18 shall be distributed or rendered directly to each
19 governmental unit taking part in the purchase. The person
20 selling the personal property, supplies or services may bill
21 each governmental unit separately for its proportionate share
22 of the cost of the personal property, supplies or services
23 purchased.
24 The credit or liability of each governmental unit shall
25 remain separate and distinct. Disputes between bidders and
26 governmental units shall be resolved between the immediate
27 parties.
28 (Source: P.A. 87-860.)
29 (15 ILCS 405/11 rep.)
30 (15 ILCS 405/15 rep.)
31 Section 95-10. The State Comptroller Act is amended by
32 repealing Sections 11 and 15.
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1 (20 ILCS 5/29 rep.)
2 (20 ILCS 5/30 rep.)
3 (20 ILCS 405/35.7b rep.)
4 (20 ILCS 405/67.01 rep.)
5 (20 ILCS 405/67.04 rep.)
6 Section 95-15. The Civil Administrative Code of Illinois
7 is amended by repealing Sections 29, 30, 35.7b, 67.01, and
8 67.04.
9 (20 ILCS 1015/13 rep.)
10 Section 95-20. The Public Employment Office Act is
11 amended by repealing Section 13.
12 (30 ILCS 505/Act rep.)
13 Section 95-25. The Illinois Purchasing Act is repealed.
14 (30 ILCS 510/Act rep.)
15 Section 95-30. The State Paper Purchasing Act is
16 repealed.
17 (30 ILCS 515/Act rep.)
18 Section 95-35. The State Printing Contracts Act is
19 repealed.
20 (30 ILCS 615/Act rep.)
21 Section 95-40. The State Vehicle Mileage Act is
22 repealed.
23 ARTICLE 99
24 EFFECTIVE DATE
25 Section 99-5. Effective date. This Act takes effect upon
26 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 30 ILCS 525/3 from Ch. 85, par. 1603
5 15 ILCS 405/11 rep.
6 15 ILCS 405/15 rep.
7 20 ILCS 5/29 rep.
8 20 ILCS 5/30 rep.
9 20 ILCS 405/35.7b rep.
10 20 ILCS 405/67.01 rep.
11 20 ILCS 405/67.04 rep.
12 20 ILCS 1015/13 rep.
13 30 ILCS 505/Act rep.
14 30 ILCS 510/Act rep.
15 30 ILCS 515/Act rep.
16 30 ILCS 615/Act rep.